Allset

Terms of Service

All Set Productions, Corp. Terms of Use Last Updated June 30, 2024

Please read these Terms of Use (“Terms”) carefully before accessing, utilizing, creating an account for, or subscribing to the Platform (as defined below). Your use of the Platform indicates that You have read, accepted and agreed to these Terms and constitutes Your consent thereto (regardless of Your payment or subscription status).

If You do not accept these Terms, please do not set up an account, subscribe or otherwise access or utilize the Platform. If You have any questions about the Platform, please send an email to hello@allsetproductions.com and someone will get back to You as soon as possible.

THESE TERMS CONTAIN A MANDATORY CLASS ACTION/JURY TRIAL WAIVER PROVISION.

  1. TERMS OF USE. These Terms are between You and the Company concerning Your access to and use of http://www.allsetproductions.com. We want You to understand exactly what You are agreeing to when You become a User.

  2. DEFINITIONS. The following terms are used throughout these Terms and have specific meanings. You should know what each of the terms means.

a. “Platform” means the Website platform hosted by the Company which operates as a portal for access to the Company database and web-based software, documentation and other information and materials provided on or in connection with the foregoing, including without limitation access to Company’s forms and online community, User-Generated Content, Third-Party Content, and payment services.

b. “Website” means the Company’s Website located at http://www.allsetproductions.com], all subpages and subdomains, and all content, services, and products available at or through the Website.

c. “Company,” “We,” and “Us” refer to All Set Productions, Inc., our affiliates, directors, subsidiaries, officers, and employees. Artist Users are not part of the Company.

d. “Client User,” means a person or Organization that is not an “Artist User” and has created an account on the Website for access to the Platform.

e. “User”, “You” and “Your” refer to the person or Organization that has created an account on the Website for access to the Platform and includes both Client Users and Artist Users.

f. “Artist User” means an artist who subscribes to the Platform and is included in the Company database, may receive Client User inquiries and may communicate with and provide contracting or consulting work to Client Users via the Platform. Artist Users are not employees or agents of Company.

g. “Proposal” means a communication from an Artist User to a Client User in response to the Client User’s post or message seeking an artist.

h. “Content” refers to content featured or displayed through the Platform, including without limitation text, documents, information, data, articles, opinions, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Website. Content includes, without limitation, User-Generated Content and Third-Party Content.

  1. PRIVACY POLICY. By using the Platform, You understand and consent to Company’s collection, storage and use of Your Account Data. Each party shall comply with its respective obligations under applicable data protection laws (“DPL”) and regulations set forth in the Privacy Policy, which can be accessed here: [insert]. You will not perform any act that puts the Company in breach of its obligations, and nothing herein shall be deemed to prevent any party from taking action it reasonably deems necessary to comply with DPL or Privacy Policy.

  2. ACCEPTANCE OF THE TERMS. These Terms are accepted when You access or start to use the Platform, create an account for or subscribe to the Platform or otherwise attempt to access the Website. You may not use the Platform if You are: (a) a person who is not of legal age or otherwise not entitled to form a binding contract with the Company, or (b) a person who is prohibited from accessing the Platform under the laws of any country including the country of which You are a resident or from which You are using the Platform. If You are an individual accessing or using the Platform on behalf of, or for the benefit of, any corporation, partnership or other entity with which You are associated (“Organization”), then You are agreeing to these Terms on behalf of Yourself and such Organization, and You represent and warrant that You have the legal authority to bind such Organization to these Terms. References to “You” in these Terms will refer to both the individual using the Platform and to any such Organization for which the individual is acting.

  3. CHANGES TO THE TERMS. Company may, at any time, and in its sole discretion, without warning or notice, update or otherwise change these Terms. Each such modification will take immediate effect upon publication to the Website, and the latest publication revision date will be updated. Company may provide You with notices, including those regarding changes to these Terms, by email, text message, postings or other reasonable means now known or hereinafter developed. A notice may be shown when You enter the Website for the Platform notifying You of the “Updated Terms” for a reasonable amount of time. Your continued use of the Platform following any such notifications, whether or not You have actual knowledge of or review the updated Terms, constitutes Your acceptance of such modifications and Your agreement to be bound thereby. If You do not agree to any modification of these Terms, Your sole remedy is to discontinue use of the Platform and/or cancel Your profile for the Platform in accordance herewith. Any updated Terms will supersede previous versions.

  4. ABOUT THE PLATFORM. The Platform is intended for collaboration and communication between artists and those seeking artistic works by providing access to a virtual community of Client Users and Artist Users, communication management tools, and, as applicable, secure payment processing between Client Users, Artist Users and Company.

  5. USER ACCOUNTS. Access to the Platform requires that a User create an online account by providing information that includes, but is not limited to: Your full name, a valid email address, and a strong password (“Account Data”). You are responsible for all activity that occurs in association with Your account. You will keep Your Account Data safe and secure and prevent unauthorized access to Your Account Data and Your account by third-parties, in particular by: (i) avoiding obvious User IDs or passwords, (ii) by changing Your password regularly, (iii) by ensuring that You do not disclose Your password(s) or grant any other User or third-party access to Your Account Data or Platform, and (iv) by ensuring that You exit from Your account at the end of each session. You agree that Company may store and use the Account Data You provide for use in maintaining Your account and as otherwise provided herein. You must notify Us promptly of any unauthorized use or security breach of Your account or the Platform. Company is not liable for any loss or damages caused by Your failure to maintain the confidentiality of Your account credentials.

COMPANY WILL NOT BE RESPONSIBLE FOR ANY LIABILITIES, LOSSES, OR DAMAGES ARISING OUT OF THE UNAUTHORIZED USE OF YOUR COMPUTER, MOBILE DEVICE, ANY SUCH OTHER COMPUTING DEVICE, AND/OR YOUR ACCOUNT.

  1. WHAT COMPANY IS NOT; DISCLAIMERS.

a. Artist Users are not employees or agents of the Company.

b. Other than facilitation support (e.g. template agreements for Artist Users), Company is not involved in agreements between Client Users and Artist Users. Client Users and Artist Users are solely responsible for the content of their agreements and engaging appropriate legal counsel. Company makes no representation as to the legal sufficiency of any template provided.

c. Company is not an employment agency.

d. Company selects Artist Users in accordance with commercially reasonable standards but each Client User is solely responsible for their final vetting and selection processes.

e. Company does not make any warranty, guarantee, or representation as to the ability, competence, quality, or qualifications of any Artist User.

f. Company does not warrant or guarantee that Artist Users are covered by insurance needed to perform any particular service for Client Users.

g. Company encourages Client Users to research any Artist Users before engaging them. Company simply provides a platform on which those seeking artistic works may communicate and transact with artists.

h. Company does not endorse information or content posted by Users or third-parties (“User-Generated Content”), including but not limited to information posted publicly on the Platform, information sent in an unsolicited message to a User, blog posts written by third-parties, links to third-party websites, integration with third-party services, and/or advertisements from third-parties.

i. Company will have no responsibility or liability of any kind for any User-Generated Content You encounter on or through the Website, and any use or reliance on User-Generated Content is solely at Your own risk.

  1. ENGAGEMENT OF ARTIST USER. A Client User may receive Proposals, exchange correspondences and/or have a phone conversation/consultation with an Artist User prior to engaging, without obligation to engage, the Artist User. The selection of an Artist User is the sole responsibility of the Client User. If a Client User hires an Artist User, the Client User and the Artist User MUST agree to the scope of the work and formalize their agreement in a signed writing (“Artist Agreement”). Artist User shall not be permitted to subcontract or otherwise delegate its performance of services under the Artist Agreement unless expressly agreed to by Client User. The Platform shall not provide nor advise on the terms of an Artist Agreement.

  2. FEES. Access to the Platform is free for Artist Users and Client Users unless and until (a) the Client User hires an Artist User to perform work, (b) an Artist Agreement is signed by both the Artist User and Client User, (c) and the Artist User performs work for the Client User (“Booking”). Once a Booking occurs the Artist User and Client User will each be charged a Booking Fee by the Company. The fee payable for artistic services to the Artist User is set by the Client User and the Artist User in advance of the artist beginning work and is included in the Artist Agreement. Upon receipt of an invoice for the Booking Fee, the Artist User and Client User must pay the agreed-upon amount to Company, and User hereby grants permission to and authorizes Company to charge such amount on Your on-file credit card or other approved method of payment for the fees described therein as well as any applicable service and processing fees. You acknowledge and agree that the payment terms set forth in this section shall apply and that You will pay such amounts owed. Payment by a Client User to an Artist User made outside of the Platform without prior notification to the Company, constitutes a full waiver by both parties of any Company dispute protections contained in these Terms and subjects the Client User and Artist User to removal from the Platform due to breach of these terms. Should You not agree with the amounts billed in an Invoice Notice, You may send notice of such dispute of the amount owed via email to hello@allsetproductions.com.

  3. OBLIGATIONS OF USER. User represents, warrants and agrees to the following:

a. You have the authority and capacity, and are of legal age in Your jurisdiction, to bind Yourself to these Terms;

b. All information You submit is true, accurate, current, and complete and You will promptly update such information as may become necessary for accuracy and completeness;

c. Your use of the Platform will be solely for purposes that are permitted by these Terms;

d. Your use of the Platform will not infringe or misappropriate the intellectual property rights of any third-party;

e. Your use of the Platform will comply with all local, state and federal laws, rules, and regulations, and with all other Company policies.

f. You will not access the Platform through automated or non-human means, whether through a bot, script or otherwise;

g. You will not under any circumstances transmit any Content (including software, text, images, or other information) that:

i. is unlawful or promotes unlawful activity; ii. defames, harasses, abuses, threatens, harms, or incites violence towards any individual or group; iii. is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; iv. is spam, is machine- or randomly- generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; v. contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third-party; vi. infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights; vii. impersonates any person or entity, including any of our employees or representatives; viii. violates the privacy of any third-party; or ix. posts advertisements or marketing content or solicitations of business, or any content of a commercial nature. h. If You provide any information that is untrue, inaccurate, not current, or incomplete or otherwise violates these terms or Company’s policies, We have the right to suspend or terminate Your account and refuse any and all current or future use of the Platform (or any portion thereof). i. You will not: i. make improper use of Company support services or submit false reports of abuse or misconduct or interfere with, disrupt, or create an undue burden on the Platform or interfere with any party’s uninterrupted use and enjoyment of the Platform or modify, impair, disrupt, alter, or interfere with the use, features, functions, operation, or maintenance of the Platform; ii. sell or otherwise transfer Your Account Data; iii. copy, adapt, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform; iv. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Platform, including any copy thereof; v. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform, or any features or functionality of the Platform, to any third party for any reason, including by making the Platform available on a network where it is capable of being accessed by more than one device at any time; vi. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Platform, which shall include cultivation of the Platform’s proprietary data and trade secrets; vii. disparage, tarnish, or otherwise harm, in our opinion, Us and/or the Platform; or viii. use the Platform as part of any effort to compete with Us.

  1. ARTIST USERS. Artists wishing to be included in the Company database must inquire with Company with respect thereto. The accounts of Artist Users may be subject to protocols and requirements that differ from accounts of Client Users, in Company’s sole discretion, including requiring additional authentication or security measures. Artist Users shall not subcontract any portion of the services provided to Client Users without the prior written consent of the Company which may be withheld at the Company’s sole discretion.

  2. OWNERSHIP OF AND LICENSE TO PLATFORM AND CONTENT.

a. Platform. Company owns all right, title, and interest in and to the Platform, including without limitation all applicable intellectual property rights and other proprietary rights in the Platform regardless of whether registered or legally secured or not. Except for the rights expressly granted to You in these Terms, Company retains all rights in or to the Platform.

b. User-Generated Content. Company does not claim ownership of User-Generated Content. You must have the necessary rights to such User-Generated content that You submit through the Platform and the right to grant rights and licenses herein. You hereby grant to Company a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferrable right and license to access, view, use, reproduce, display, modify, adapt, distribute, transmit, and create derivative works of the User–Generated Content in any media, including publishing such information on the Platform for viewing by the public and for marketing purposes. The rights You grant in this license are for the limited purpose of operating and providing the Platform and as otherwise provided herein. This license will terminate at the time when the User-Generated Content is removed from the Platform. You, and not Company, are solely responsible for Your User-Generated Content including any resulting harm therefrom. Company is not responsible for any public display or misuse of User-Generated Content. Company has the right (though not the obligation), in its sole discretion, to determine whether or not any User-Generated Content is appropriate and/or complies with these Terms, and to refuse to post or remove from the Platform any User-Generated Content that, in Company’s sole discretion, violates any Company policy or is in any way harmful, inappropriate, objectionable or the like. Company further reserves the right to make formatting changes and edits and change the manner any User-Generated Content is displayed on the Platform.

c. Reviews. Notwithstanding anything to the contrary in these Terms, Company owns all rights, title or interest in the content of any reviews by Client Users on our Platform including reviews of Artist Users. Artist Users may not use, refer to or publish any such reviews on other platforms or media including the Artist User’s Website without prior written authorization of Company.

d. Company Content. Company is pleased to provide You with both Company’s own proprietary content, as well as content that We have licensed from third-parties, that is available and accessible through the Platform, including but not limited to, text, documents, information, data, articles, opinions, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials (collectively “Company Content”). Subject to Your compliance with these Terms and Company policies, Company grants You a limited, non-exclusive, non-sublicensable, non-transferable, revocable, and non-assignable license and right to access and use the Company Content. This license does not give You any ownership or interest in any intellectual property of the Company Content. Company hereby reserves all rights not expressly granted in these Terms. Except as expressly permitted in these Terms, or with the express written consent of Company, no part of the Company Content may be copied, reproduced, distributed, publicly displayed or posted, sold, licensed, or otherwise used for any reason whatsoever.

e. Intellectual Property. Company’s name, domain name, and other related logos, service marks and trade names used in connection with the Platform are the trademarks and intellectual property of Company and may not be used, copied, downloaded, reproduced, modified, or distributed without Company’s express written consent. Other trademarks, service marks and trade names of third-parties that may appear on or in the Platform are the property of their respective owners.

f. Copyright Claims. Certain content available through the Platform is: (1) licensed to Company from third-parties; or (2) uploaded by our Users. Company respects the intellectual property rights of others and requires that the people who use the Platform do the same. It is the Company’s policy to respond promptly to claims of intellectual property misuse. Please note that You will be liable for damages (including costs and attorneys’ fees) if You make any material misrepresentations when making or countering a copyright infringement claim. If You believe that Your work has been improperly copied, used without the proper license and/or permission and is accessible via the Platform in a way that constitutes copyright infringement, You may notify Us by sending a correspondence with the following information in writing:

i. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works. ii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material (e.g., URL). iii. Information reasonably sufficient to permit Company to contact You, such as name, postal address, telephone number, and, if available, an email address at which You may be contacted. iv. Include the following statement: “I have a good faith belief that use of the material described above in the manner complained of is not authorized by the copyright owner, its agent, or the law.” v. Include the following statement: “The information in the notification is accurate, and under penalty of perjury, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” vi. Send written communication to Company at hello@allsetproductions.com. After receiving a notification of alleged infringement, the Company will remove or disable access to the material claimed to be infringing or claimed to be the subject of infringing activity. At the same time, Company will provide the provider of affected material with a copy of the notice. The provider of affected material may make a counter notification pursuant to applicable law. Please be advised that You may be held liable for damages if You make material misrepresentations pursuant to federal law in the counter notification. When We receive a counter notification, We may reinstate the material in question. To file a counter notification with Us, the provider of affected material must provide a written communication (by postal mail, overnight mail, or, when digitally-signed, by email) that sets forth the items specified below. To expedite our ability to process Your counter notification, please use the following format (including section numbers): vii. Identify the material that Company has removed or to which Company has disabled access and the location at which the material appeared before it was removed or access to it was disabled. viii. Provide Your name, postal address, telephone number, and email address, and that You will accept service of process from the person who provided the initial notification of infringement or an agent of such person. ix. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the removed material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.” x. Sign the paper or affix an electronic or digital signature to the communication in a form reasonably acceptable to Company. xi. Send written or electronically or digitally-signed communication to hello@allsetproductions.com . xii. Upon receipt of a counter notification in substantial compliance with applicable law, Company will provide the person who provided the initial notification of claimed infringement with a copy of the counter notification promptly. After receipt of the counter notification, Company will generally replace the removed material and cease disabling access to it, unless Company first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order regarding the removed material. Company respects the intellectual property rights of others, and We request that our Users do the same. In accordance with United States copyright law, We will terminate a User’s access to and use of the Platform, if, in our sole discretion, We determine that the User is an infringer of the copyrights or other intellectual property rights of Company or any other parties.

  1. OBJECTIONABLE CONTENT TAKEDOWN PROCESS. If You object to any posting, content, or information contained within the Platform, please contact Us via email at hello@allsetproductions.com so We can investigate the issue and take appropriate action. Someone will respond to Your email as soon as possible.

  2. SITE MANAGEMENT. We reserve the right, but not the obligation, to: (1) monitor the Platform, including all interactions and communications that occur thereon, for any reason, including for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates applicable law or these Terms, including without limitation, reporting such User to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of Your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform. At our sole discretion, We may monitor and/or record Your general interactions with the Platform.

  3. DISCLAIMERS AND LIMITATIONS OF LIABILITY. YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR OWN RISK AND IS PROVIDED ON AN “AS IS”AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS, NOR ANYONE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE PLATFORM (COLLECTIVELY, “COMPANY PARTIES”) WARRANT THAT THE PLATFORM, INCLUDING THE INFORMATION MADE AVAILABLE THROUGH THE PLATFORM, WILL BE UNINTERRUPTED, UNCORRUPTED, ACCURATE, RELIABLE, COMPLETE, CURRENT, TIMELY, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE ARE FREE FROM VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.

COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION WE PROVIDE OR THAT IS PROVIDED THROUGH THE PLATFORM IS ACCURATE, RELIABLE, OR CORRECT.

WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF THE PLATFORM AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PUNITIVE, PERSONAL INJURY, WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF ANY CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PLATFORM, WHETHER OR NOT THE COMPANY PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES INSTEAD AGREE THAT THE COMPANY PARTIES WILL NOT BE LIABLE TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE PLATFORM UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).

  1. RELEASE. Except to the extent prohibited by applicable law, You forever release, discharge, and covenant not to sue the Company Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the Company Parties, or otherwise, in connection with use of the Platform or through or as a result of the Platform. You agree that the provisions of this Section shall survive any termination of these Terms, Your account, subscription or use of the Platform.

  2. THIRD-PARTY CONTENT. The Platform may contain certain content belonging to or originating from third-parties who are not registered Users of the Platform, such as blog posts written by third-parties, links to third- party websites, integration with third-party services, and/or advertisements from third-parties, or the Platform may contain (or You may be sent via the Platform) links to other Websites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third-parties (collectively “Third-Party Content”). We are not responsible for any Third-Party Content, including the content of any Websites or further content that may be accessible through Your access to such content, or any Third-Party Content posted on, available through, or installed from the Platform, including the content, accuracy, offensiveness, opinions, liability, privacy practices, or other policies of or contained in the Third- Party Content. By including Third-Party Content on the Platform, We do not represent or imply approval, adoption, or endorsement of such content. We are not responsible for, nor is such Third-Party Content investigated, monitored, or checked for accuracy, reliability, appropriateness, or completeness by Us. If You decide to leave the Platform and access or install Third-Party Content, You do so at Your own risk and You acknowledge and agree that the terms and conditions of these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Website to which You navigate from the Platform or relating to any applications You use or install from the Platform. Any purchases You make through third-party websites will be through other Websites and from other companies, and We take no responsibility whatsoever in relation to such purchases which are exclusively between You and the applicable third-party. You agree and acknowledge that We do not endorse the products or services offered on third-party websites and You shall hold Us harmless from any harm caused by Your purchase of such products or services. You acknowledge all responsibility for, and assume all risk for, Your reliance on and/or use of Third-Party Content in any way. You shall hold Us harmless from any losses sustained by You or harm caused to You relating to or resulting in any way from any Third-Party Content. You are not authorized to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third-Party Content unless expressly permitted by Us, and as applicable, the third-party.

  3. CONTINGENT RECRUITING. In the event that a Client User wishes to engage an Artist User as a full-time or part-time employee or independent contractor outside of the Platform, the Artist User must first obtain the Company’s prior written consent and Client User will pay the Company an agreed-upon non-refundable fee. Company may suspend or terminate a Client User’s account pending receipt of payment of a fee arising under this Section 19.

  4. CIRCUMVENTION POLICY AND FEES. You acknowledge that the Platform was developed as a result of substantial labor and effort. All Users agree not to circumvent or attempt to circumvent the Company or these Terms, or in any way procure or provide products or services outside of the Platform, without the Company’s prior written consent, or in any manner not consistent with these Terms. Users shall cooperate with and timely respond to any requests for information from the Company inquiring about products or services which may have been provided outside of the Platform and in contravention of these Terms. Should a Client User violate the anti-circumvention provisions of this Section, such Consumer User shall immediately pay to Company one-time fee equal to the greater of (1) one hundred and ten percent (110%) of any Company Service Fee which would have been earned by Company in connection with the services provided by the Artist User had the Platform been utilized; or (2) Thirty Thousand U.S. Dollars ($30,000.00). Upon payment of the circumvention fee described in this Section, Company may provide written consent for the Artist User to continue to provide products or services to Client User outside of the Platform.

  5. UPDATES. Company may from time to time in its sole discretion develop and provide Platform updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You shall promptly download and install all Updates and acknowledge and agree that the Platform or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Platform and be subject to all terms and conditions set forth in these Terms.

  6. MISCELLANEOUS. a. Assignment. You may not assign (nor delegate any rights or obligations under) the Terms without Company’s prior written consent, which may be withheld in Company’s sole discretion, and any assignment without such consent shall be deemed null and void. Company may assign or delegate the Terms, in whole or in part, to any person or entity at any time, with or without Your consent.

b. Headings. The Terms contain the entire understanding of You and Company, and supersedes all prior understandings between the parties concerning its subject matter, and cannot be changed or modified by You. The section headings used in these Terms are for convenience only and will not be given any legal import. Upon Company’s request, You will furnish to the Company any documentation, substantiation or releases necessary to verify Your compliance with these Terms.

c. Drafting. You agree that these Terms will not be construed against the Company by virtue of having drafted them. You hereby waive any and all defenses You may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms. There is no joint venture, partnership, employment or agency relationship created between You and the Company as a result of these Terms or use of the Platform.

d. Survival. All provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

e. Limitation of Liability. PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE COMPANY TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING FROM OR CONNECTED IN ANY WAY WITH THE SERVICES, CONTRIBUTIONS, MATERIALS, CONTENT, COMMENTS, SERVICES, SOFTWARE, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, MADE AVAILABLE OR OBTAINED THROUGH THIS SERVICES OR ANY THIRD-PARTY WEBSITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES OR PURCHASE OF ANY SERVICES, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50 IN THE AGGREGATE.

ANY SERVICES, COMMENTS AND CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE PLATFORM, AND ALL OTHER USE OF THE PLATFORM, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.

f. Indemnification. You agree to defend, indemnify, and hold Us harmless, including all Company Parties, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third-party due to or arising out of: (1) use of the Platform; (2) breach of these Terms; (3) any breach of Your representations and warranties set forth in these Terms; (4) Your violation of the rights of a third-party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any User of the Platform with whom You connected via the Platform. Notwithstanding the foregoing, We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate, at Your expense, with our defense of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

g. Statute of Limitations. You agree that regardless of any statute or law to the contrary, to the maximum extent permitted by law, any claim or cause of action arising out of or related to these Terms must be filed within ONE (1) YEAR after such claim or cause of action arose or will be forever barred.

h. Corrections. There may be information on the Platform that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice, even if We have already requested or received payment. We also reserve the right to refuse any order placed through the Platform.

i. Term and Termination. These Terms shall remain in full force and effect while You use the Platform. You may terminate Your Account at any time. If You wish to terminate Your Account, You may simply discontinue using the Platform. If You wish to delete Your Account Data, please contact the Company at hello@allsetproductions.com. We will retain and use Your information as necessary to comply with our legal obligations, resolve disputes, and enforce our rights, but barring legal requirements, We will delete Your full profile within 30 days. Company may terminate Your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If We terminate or suspend Your account for any reason, You are prohibited from registering and creating a new account under Your name, a fake or borrowed name, or the name of any third-party, even if You may be acting on behalf of the third-party. In addition to terminating or suspending Your account, We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

j. Modifications and Interruptions. We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time. We will not be liable to You or any third-party for any modification, price change, suspension, or discontinuance of the Platform. We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to You. You agree that We have no liability whatsoever for any loss, damage, or inconvenience caused by Your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms will be construed to obligate Us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.

k. Governing Law and Venue. The Terms, Your use of the Platform, all aspects of the Platform, will be governed by and construed in accordance with the laws governing the State of California (i.e., without regard to conflict of laws provisions) regardless of Your location. With respect to any disputes or claims which by law are not subject to informal dispute resolution or arbitration (as set forth below), You agree not to commence or prosecute any action in connection therewith other than in the state or federal courts located in the state of California, county of San Francisco, and You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in the state of California, County of San Francisco.

l. Resolution of Disputes. To expedite resolution and control the cost of any dispute, controversy or claim related to (a) the Terms, (b) Your use of the Platform, (c) an Artist User, (d) an Invoice Notice, or (e) any other matter (collectively, a “Dispute”), You agree to first attempt to negotiate any Dispute (except those expressly excluded below) informally for at least thirty (30) days. If a Client User has a good faith belief that (a) the nature or quality of products or services rendered by an Artist User are not consistent with industry standards or the provisions of the Artist Agreement and/or (b) the amount(s) charged by an Artist User are not consistent with the Artist Agreement, the Client User may, within 24 hours of the date of the Invoice Notice, make a complaint by sending an email (“Dispute Notice”) to hello@allsetproductions.com. We will send our notice to You via email to the email address associated with Your account. Company will attempt in good faith to work with the Client User and the Artist User to resolve the dispute within 30 days of receipt of a Dispute Notice. If You and Company are unable to resolve a Dispute through the foregoing informal negotiations within such 30 days period, Company shall make a determination in its sole and absolute discretion to resolve the Dispute based upon the information theretofore provided by the Client User and Artist User. This determination shall be communicated in writing to both the Client User and Artist User and both the Client User and Artist User agree to take all steps necessary to comply therewith, including payment or reimbursement within seven (7) days. IN NO EVENT WILL COMPANY BE LIABLE TO ANY ARTIST USER OR TO ANY CLIENT USER FOR PAYMENT OR REIMBURSEMENT OF ANY FEES. PARTICIPATION BY THE USERS IN THE PAYMENT DISPUTE PROCESS SET FORTH ABOVE CONSTITUTES AN AGREEMENT BY THE USERS THAT THEY WILL NOT SEEK TO CLAIM OR CLAIM ANY LIABILITY ON THE PART OF COMPANY RELATED IN ANY WAY TO THE PAYMENT DISPUTE PROCESS. PLEASE READ THE FOLLOWING CAREFULLY: YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION. You and the Company agree that all Disputes (except those expressly excluded below) will be finally and exclusively resolved by binding individual arbitration. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either You or Company. Any decision by the arbitrator will be final and binding on all parties.

YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. BY AGREEING TO ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL. Notwithstanding the above, Company shall reserve the right to bring the following claims in a judicial proceeding in a court of competent jurisdiction (thereby waiving the arbitration requirements of this section of these Terms): (a) any claim for injunctive or equitable relief, including but not limited to claims related to actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights; or (b) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, or cyber-attack). m. CLASS ACTION WAIVER. THIS PARAGRAPH IS REFERRED TO AS THE “CLASS ACTION WAIVER.” YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST COMPANY ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE IN WRITING OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). n. No Guarantee. Company does not guarantee results. From time to time, Client Users may submit reviews of Artist Users. These reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any project, services, or product. o. Confidentiality. Any communication made via or posted on the Platform, will be considered non-confidential. Company takes commercially reasonable efforts to ensure the privacy of Proposals and other messages sent through the Platform, but We cannot guarantee confidentiality.

Contact Us: If you have any questions about these Terms and Conditions, You can contact us:

By email: hello@allsetproductions.com